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Green v. State

The trial court properly denied the defendant's motion for new trial based on his ineffective assistance of counsel claims.

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Steven James Green appeals from the denial of his amended motion for new trial following his convictions for malice murder, burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the fatal shooting of Anthony Shane Augustus and the aggravated assault of Shyrome Marshall, as well as the burglary of Marshall’s home. For the reasons that follow, we affirm.

This is the second appearance of this case in this Court. In Green v. State, 295 Ga. 108 757 SE2d 856 2014, we found the evidence against Green to be sufficient to enable a rational trier of fact to find Green guilty beyond a reasonable doubt of all of the crimes of which he was convicted, and rejected Green’s claim that a new trial was warranted because a juror was not impartial; we also remanded the case to the trial court to consider Green’s claim that trial counsel had been ineffective, which claim could not have been practically raised at an earlier time. Id. at 112 3. Upon remand, the trial court conducted a hearing to address Green’s claims of ineffective assistance of trial counsel, and denied Green’s amended motion for new trial based thereon.

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